Knee decisions — 2009

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claim for service connection for a right knee disability was granted in June 2006, effective December 16, 2005. The Board found that the earliest date of entitlement to this benefit is September 28, 2005.

The Board has determined that the Veteran's claimed conditions are not related to his active service and have denied all claims for service connection.

The Veteran's service-connected left knee sprain has been rated as 10 percent disabling, and his headaches have not met the criteria for a compensable evaluation. Both conditions are currently assigned the lowest possible evaluations.

The Veteran's bilateral retinopathy is reasonably related to his service-connected diabetes mellitus and has been granted as secondary service connection. The other issues remain unresolved.

The Veteran's appeal for an increased evaluation for his right knee injury was remanded due to the need for a hearing before a travel board at the Portland, Oregon RO.

The Veteran's claim for a permanent and total disability rating for pension purposes is being remanded due to the need for additional development of his medical records, including those from Social Security Administration and VA Vocational Rehabilitation Education.

The Board has granted the Veteran's claim to reopen his service connection for a right knee disability. The Veteran also received increased ratings for multiple non-compensable service-connected disabilities prior to September 28, 2007.

The Veteran's claim for service connection for the residuals of a shrapnel wound to the chest is granted. However, his claim for service connection for a left knee disability is denied.

The Veteran's claim for reimbursement or payment of unauthorized medical expenses incurred at Forsyth Medical Center on September 8, 2007 was denied as the treatment did not meet the criteria set forth in 38 U.S.C.A. § 1728.

The Veteran's appeal is being remanded for further development, including obtaining Social Security Administration records and VA treatment records.

The Veteran's service connection for residuals of a right knee injury is granted. The claim for an increased rating for chronic herniated nucleus pulposus L5-S1 with right radiculopathy remains viable, as does the claims for initial compensable ratings for plantar fasciitis with calcaneal spurs and complaint of heel pain in both feet.

The Veteran's claims for increased ratings for radiculopathy of the left lower extremity and lumbosacral strain have been denied. The Veteran does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board found no link between the Veteran's 1943 left knee injury in service and his current left knee complaints, concluding that the disability is more likely due to occupational stress over a 20-year career as a shipyard crane operator.

Your claim for service connection for DJD of the left knee has been granted and you are already receiving disability compensation for this condition. There is no longer a case or controversy before the Board.

The Veteran's left knee retropatellar pain syndrome has not met the criteria for a compensable evaluation from September 1, 2001 to January 9, 2003 and an evaluation in excess of 10 percent since January 10, 2003.

The Board found that the Veteran's current left knee degenerative joint disease was not incurred in or aggravated by active military service.

The Veteran's right knee replacement residuals have not been productive of chronic severely painful motion or weakness, flexion limited to 45 degrees, extension limited to 10 degrees, severe recurrent subluxation or lateral instability, ankylosis, malunion of the tibia and fibula, dislocated semilunar cartilage, or locking of the knee. Therefore, his claim for increased ratings is denied.

The Board denied service connection for a lumbar spine disability and a right knee disability, finding that the Veteran did not submit sufficient evidence to establish a nexus between his current disabilities and military service.

The Veteran's service-connected left knee arthroplasty is currently rated at 30 percent, and the Board finds that there is no evidence of severe painful motion or weakness to warrant a higher rating.